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2025 DAILYLAW 87773 (PNJ)

BALJINDER KAUR v. STATE OF PUNJAB

CRM-M/42276/2025 · 2025-08-08

Jasjit Singh Bedi

body2025

Judgment text

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CRM-M-42276-2025 ::1:: (217) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42276-2025 Date of Decision: 08.08.2025 BALJINDER KAUR ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Suneet Kumar, Advocate for the petitioner. Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab. **** JASJIT SINGH BEDI, J. The prayer in this 2nd petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.0087 dated 20.10.2022 (Annexure P-1) registered under Sections 460, 302, 396, 342, 120-B, 201, 148, 149 IPC, 1860 read with Sections 25, 54, 59 of Arms Act at Police Station Harike, District Tarn Taran. 2. The present FIR came to be registered at the instance of Simranjit Kaur D/o Sukhdev Singh and the same reads as under:- “Statement of Simranjit Kaur D/o Sukhdev Singh s/o Bhajan Singh resident of village Bhagar Ravidas Colony, Harike, aged about 20 Years, Mobile 8968217686 stated that I am the resident of the above mentioned address. I am educated upto 10+2, we are two brother and sister and my elder brother Karanjit Singh got married in January 2022 with Baljinder Kaur D/o Jasbir Singh r/o Pakhoke. My Brother Karanjit Singh have gone to Malaysia for the last fifteen days. On last night my father who is ex-service man who JITESH LAL 2025.08.11 13:05 I attest to the accuracy and integrity of this document CRM-M-42276-2025 ::2:: has one twelve bore licensed gun in his name, and there is a main gate in our house. My sister-in-law and our family after taking meal went to their bed for sleep. My father Sukhdev Singh who was a keen watcher of T.V., and was watching the T.V. till late night. In the intervening night on 01.30/02.00 am then three unidentified young persons who covering their faces entered into her house by jumping over the main gate, who woke me up and showed the pistol to me and took me to the stored of the house and my sister-in-law Baljinder Kaur also pushed her into the store room. They showing us the threat of the pistol and asked us to bring all the things kept in the house otherwise they will us. We both scared, they opened the trunk (Peti) in the store room and took 12 bore licensed gun (Donali) and two gold rings from there and locked both of us in the store room. Then after one hour while breaking the latch of the door of the store we came out of the store and saw that my mother Rajbir Kaur aged about 42 years who was on the bed (Manjha) in the hall and my father who was sitting on the chair and was watching the T.V had been killed by with sharped weapons and my father was handcuffed with clothes and neck was tied in the chair with clothes. I checked the Almira and found that they snatched away Rs.30,000/- cash and 03 gold rings after killing my mother Rajbir Kaur and 05 gold rings, Rs.30,000/- cash and 01 twelve bore Gun after killing my father Sukhdev Singh. Then I called my uncle Angrej Singh @ Goji S/o Seetal Ram r/o Harike by making a phone call for reaching on the spot and after making hue and cry by us the neighbors reached at the spot and then after leaving sister-in-law Baljinder Kaur and neighbors with the dead body on the spot, I along with my parental uncle (Taya) Salvinder Singh s/o Bhajan Singh for giving intimation to you and I met with you. The statement has been reduced into writing. Legally action should be unidentified persons who were armed with weapons and killed my parents and looted them. SD/ Simranjit Kaur.” JITESH LAL 2025.08.11 13:05 I attest to the accuracy and integrity of this document CRM-M-42276-2025 ::3:: 3. During the course of investigation, Salvinder S/o Bhajan Singh the brother of one of the deceased got recorded a statement with the Investigating Agency to the effect that the murder of Sukhdev Singh and Rajbir Kaur was committed in conspiracy with Baljinder Kaur (petitioner) daughter-in-law of the victims by Mukhtiar Singh S/o Major Singh, Gurpartap Singh S/o Darbara Singh, Jagroop Singh S/o Mehal Singh and Major Singh S/o Ajit Singh. They were all nominated as accused in the instant case. Major Singh S/o Mangal Singh and Daljit Singh S/o Kulwant Singh got recorded their statements with the Investigating Agency to the effect that all the accused made extra-judicial confessions before him admitting that they had committed the offence at the instance of the present petitioner as she being the niece of Mukhtiar Singh was being harassed and tortured by her in-laws, the deceased. Jagroop Singh along with the accused persons were arrested. Gurpartap Singh and Major Singh got recovered a 12 bore gun along with a cartridge roll and Jagroop Singh and Mukhtiar Singh got recovered one Kirch type Khanjar stained with blood along with an iron hook, two pairs of anklets, one ladies watch and one gents watch. 4. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. There is no evidence against her. As the petitioner is in custody since 31.10.2022 but only 06 out of the 28 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, she is entitled to the concession of bail. JITESH LAL 2025.08.11 13:05 I attest to the accuracy and integrity of this document CRM-M-42276-2025 ::4:: 5. On the other hand, the learned State counsel contends that on account of the purported harassment of the petitioner at the hands of her in- laws her family members and others brutally murdered the deceased. Recoveries of the weapons of offence and stolen articles have been effected from the co-accused who happen to be her relatives as well. As the offence is prima facie made out, the petitioner was not entitled to the concession of bail. 6. I have heard the learned counsel for the parties. 7. As per the prosecution case, it was at the instance of the petitioner that the other accused committed the murder of her in-laws. The recoveries of weapons and stolen articles have been effected from the assailants. Therefore, the prima facie culpability of the petitioner stands established. 8. In view of the aforementioned discussion, I find no merit in the present petition. Therefore, the same stands dismissed. 9. However, the observations made hereinabove are only for the purposes of deciding this bail petition and the Trial Court is free to adjudicate upon the matter on the basis of the evidence led before it uninfluenced by any such observations made herein. (JASJIT SINGH BEDI) JUDGE 08.08.2025 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No JITESH LAL 2025.08.11 13:05 I attest to the accuracy and integrity of this document